MAA VAISHNO DEVI ENTERPRISE Vs. SAMUJJAL ENTERPRISE

JUDGEMENT

(1.) The appeal is arising out of a judgment and order passed by the learned 2nd Court at Barasat in connection with an application filed under Sec. 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'said Act').

(2.) The dispute between the parties is arising out of a registered development agreement executed by and between the plaintiff, Samujjal Enterprise, the opposite party no.1 herein and the appellants on 6/1/2014.

(3.) The appellant no.1 is a proprietorship firm represented by the appellant no.2. Initially a development agreement was entered into between the appellants with one Debjani Sarkar the original owner of the property in question on 6/1/2014. Subsequently the owner transferred the property in favour of one Soma Singh on 19/5/2015. Soma Singh by a registered deed of sale dtd. 13/3/2019 conveyed the property in favour of the plaintiffs/respondents. The plaintiff is the present owner of the property. The appellants alleged that Debjani Sarkar could not have transferred her interest in the suit property in favour of 3rd parties in supersession of the earlier agreement. It is submitted that the development agreement with Debjani contains an Arbitration Clause. Dispute arose between the present appellant and Debjani Sarkar in respect of the development agreement. Debjani was attempting to transfer her share and interest to the 3rd parties in breach of the said agreement. It was on such consideration the appellants filed an application under Sec. 9 of the said Act being Misc. case being no.173 of 2015 before the learned Additional District Judge, Barasat in which proceeding Debjani Sarkar appeared and during the pendency of the said application Debjani Sarkar transferred the suit property in favour of Soma who subsequently transferred the property in favour of the plaintiff and its partners. Debjani executed the said conveyance as constituted attorney of Soma and transferred the self-same property in favour of plaintiff and his partners. The present plaintiff derived its title through Debjani and hence is bound by the arbitration agreement. On such facts an application was filed under Sec. 8 of the said Act for referring the parties to the dispute to arbitration.